SHAHID AKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) The judgment and order dated 29.4.2009 passed by Additional Sessions Judge / Fast Track Court No. 2, Mau in S.T. No. 67/2005 arising out of case crime No. 950 of 2005 convicting the appellant for one year imprisonment and a fine of Rs. 10,000/- is under challenge in the present criminal appeal.

(2.) Brief facts of the case are that on 21st July, 2005 a police team led by S.I. Laik Ahmad was busy in routine checking. When the team reached at Kajeetola two persons were seen coming from the side of Gola Bazar towards Kajeetola. Noticing the police party approaching towards them, they immediately took a turn and tried to run away. On suspicion of being criminals, they were chased and apprehended by the police at about 10.45 AM. They disclosed their names as Shahid Akhtar and Nehal and also disclosed that they were having some illegal heroin with them. They were asked, if so wishes, they may be searched before a gazetted officer or a magistrate but both of them expressed their trust to the arresting team and said that arresting team itself could search them. After searching each other, police team searched the apprehended persons. 86 tiny packets of heroin, having total weight of 10 gm., were recovered from the pocket of the shirt of Shahid Akhtar while two tiny packets of heroin, having total weight of 50 gm, were recovered from the possession of the other accused Nehal Ahmad. The recovered narcotic contraband was sealed on the spot. Recovery memo was prepared and signed by all the witnesses including the accused persons. None of the public man became ready to be a witness in the case. After completing all the formalities, arrested persons alongwith recovered goods were taken to the police station wherein recovered goods were kept in the Malkhana while in the light of the recovery memo, FIR was lodged against accused persons.

(3.) Matter was investigated. The recovered narcotic contraband was transmitted to the forensic lab for its verification. After collecting the evidence and the confirmation report of the forensic lab, the Investigating Officer submitted the charge-sheet against the appellant Shahid under Section 8/21 N.D.P.S. Act.